Privacy Policy

Effective Date: This privacy policy (this “Privacy Policy”) is effective and was last updated as of January 25, 2023. 

This Privacy Policy applies when accessing, using, or otherwise interacting with sbe.com and any other feature or service offered by SBE Restaurant Group, LLC (“SBE”, “us”, “our,” or “we”) that posts or includes a link to this Privacy Policy (collectively, the “Services”).  This Privacy Policy informs you of our policies regarding the collection, use, and disclosure of personal information we receive from users of our Services and your choices.  

Please read this Privacy Policy carefully.  By accessing or using the Services, you consent to our Privacy Policy and our collection, use, and sharing of your information as described in this policy and our Terms of Use. 

Table of Contents

1. Information We Collect and How We Collect It
2. How We Use Your Information
3. How We Share Your Information
4. Third Party Advertising and Analytics
5. How We Respond to “Do Not Track” Signals
6. Third Party Content and Links
7. Your Choices About the Information We Collect
8. Security of Your Information
9. General Audience Services
10. Changes to This Privacy Policy
11. Consent to International Transfer of Your Information
12. Contact Us
13. Notice to Nevada Residents
14. Notice to California Residents

1. Information We Collect and How We Collect It

We may collect information from you both directly and automatically when you use or visit the Services. Some of this information may be considered “personal information” under various applicable laws.  We consider information that identifies you as a specific, identified individual to be personal information (such as your name and email address), and we treat additional information, including IP addresses and cookie identifiers, as “personal information” where required by applicable law.  Note that SBE may de-identify personal information so that it is non-personal, such as by aggregating it or converting it to a code, sometimes using a function commonly known as a “hash.”  We will treat de-identified information as non-personal to the fullest extent allowed by applicable law.  If we combine non-personal information with personal information, then we will treat the combined information as personal information under this Privacy Policy.

SBE collects information in the following ways: 

1. Information You Provide to Us. In the course of using the Services, you may provide us with certain information, including contact information (such as your name, email address and telephone number). If we implement an SMS/MMS messaging service we may collect various information on our behalf from and about you when you use the messaging service. For example, when you send messages via the messaging service, we will also collect your messaging history and any information included in those messages. 
2. Information We Collect Automatically From Your Use of the Services.  When you use our Services, we, our third-party service providers, and our business partners may automatically collect certain information (“Usage Information”).  One of the ways we collect Usage Information is when you use our Services, our servers automatically generate logs to help us determine how you use various features to improve our services.  Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as personal information.  This Usage Information includes your IP address and unique device identifiers (“Device IDs”) for your computer, mobile phone, or other device used to access the Services.  A Device ID is a number that is automatically assigned to your device, and our servers identify your device by its Device ID.  We will also collect and track other data and information relating to your device, including the hardware model, the Internet service provider you are using, browser, and operating system you are using.  We may track your use of the Services, including the features you access and how you interact with the Services. 

We use the following types of tracking technologies (collectively referred to as “Tracking Technologies”) to automatically collect information when you interact with us online:   

Cookies and Local Storage are small text files stored locally on your device that help store user preferences. These technologies are able to store a unique identifier for a device to us to recognize the device whenever the device is used to access our Services. These technologies may be used for many purposes by us, our service providers, and our third-party business partners, such as automatically collecting Usage Information, enabling features, serving advertisements to you online, and remembering your preferences. We may use cookies and other technologies to study usage patterns on the Services, to study the effectiveness of our user communications, to manage and measure the performance of advertisements delivered through our Services, and to personalize your experience of the Services, such as to recognize you when you return to the Services. The information we store includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. If you do not want to accept cookies, you can block them by adjusting the settings on your Internet browser. You can find more information about cookies and how they work at www.allaboutcookies.org.

Web beacons (also known as clear GIFs and pixel tags) are small pieces of code used to collect usage analytics.  They help us to determine, for instance, whether a page has been viewed or not and, if so, how many times. When you ask us to send you information on a promotion or a newsletter, we will use web beacons to establish how many of the emails are actually opened. We use similar tools to collect such information from mobile devices. In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.

3. Information from Third Parties.  We may receive information about you from third parties, such as business partners who work with us to provide you access to content or other features. 
4. Social Media. We may permit you to interact with social media, including Facebook, Instagram, and Twitter. When you interact with third party platforms through the Services, we will receive information about you.  We may also receive information about you if other users of social media give us access to their profiles and you are one of their connections or “friends.”  The information we collect is subject to this Privacy Policy. The information collected and stored by the third party remains subject to the third party’s privacy practices, including, without limitation, whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third-party website or service. We or the third party may allow you to disable or remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected. 

If you choose to post information to a third party platform, that information may be public and the third party may have access to information about you and your use of the Services. You may also choose to participate in a way that connects that third-party service with the Services, such as posting to one of our pages on a social media site. Doing so may allow us to collect (or the third party to share) information about you, including personal information, and the third party may allow us to re-post content related to us on our own services. 

In addition, these third parties may set their own cookies and collect information about your use of the Services, including your IP address or other device identifiers, and which pages you visit on the Services.  Certain third-party platforms may be able to collect certain information on your visits to the Services regardless of whether or not you affirmatively interact with the feature. We encourage you to review the privacy policies of third parties that control platforms you post to or that connect to the Services and set your privacy preferences with them.  

2. How We Use Your Information

We may use non-personal information for any purpose, including for advertising, research, and marketing purposes. We also use information that we collect, including personal information and Usage Information, as disclosed in this Privacy Policy and as follows:  

1. to provide the Services to you and allow you to participate in the features the Services offer; 
2. to customize and optimize our content for you, such as advertisements we display to you elsewhere online;  
3. to provide information on special offers and promotions from us, our advertisers, and third-party partners, using the contact information you provide, including, with your consent where required, contacting you at any mobile phone number that you provide to us by way of direct dial calls, autodialed and prerecorded message calls, text messages and push notifications; 
4. to improve and monetize the Services, which may include tracking traffic, usage, trends and navigation patterns related to your user activities;
5. to operate, evaluate and improve our business (including developing new products and services; managing our communications; determining the effectiveness of our sales, marketing and advertising; analyzing and enhancing our products);
6. to contact you to respond to your customer service questions, feedback, or requests or to provide you with technical support;
7. to communicate with you about the services, content, features or products you use or request, including to provide you with information concerning changes or updates to the Services which may affect your use of the Services or in our discretion, changes to our policies;
8. to respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims;
9. for internal business purposes, including to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Use, or otherwise to protect our or third-party rights or interests, which may include sharing information with other companies, lawyers, courts, or other government entities; and
10. in any other way we describe when you provide the information, or otherwise with your prior consent.

3. How We Share Your Information

We may aggregate, de-identify, and/or anonymize any information collected through the Services such that the related information is no longer linked to your personal information.  We may share non-personal information (including hashed or other de-identified data) with third parties for advertising and other purposes.  We do not share your personal information with third parties for those third parties’ own direct marketing purposes unless we provide you the opportunity to opt-in or opt-out prior to such sharing, as required by applicable law.   

In addition, we may share the information we have collected about you, including personal information and Usage Information, as disclosed at the time you provide us with information or your consent, and as described in this Privacy Policy, including:

1. At Your Request.  We may share information when you direct us to do so, such as if we present you with an opportunity to receive marketing offers from a third party, or if you choose to engage with a social media service or third party feature through which information about you is shared. We do not control the actions of third parties, and you direct us to share your information at your own risk.  
2. Service Providers.  We may contract with certain companies to perform services on our behalf, including advertising, marketing assistance, e-mail delivery, hosting services, site maintenance and repair, security, quality assurance, customer service, surveys, and data research and analysis, and provide your information to them only to fulfill such services. 
3. Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, or other promotions (any of which, a “Promotion”) that may require registration.  By participating in a Promotion, you are agreeing to the provisions, conditions, or official rules that govern the Promotion, which may contain specific requirements of you (including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing materials).  If you choose to enter a Promotion, personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including in connection with winner selection, prize fulfillment, as required by law, or as permitted by the Promotion’s terms or official rules (such as on a winner’s list).
4. Affiliates and Business Partners. We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include any parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us. We may also share your information with our “business partners” (entities that are not affiliates but with whom we are aligned and/or engage in business jointly) to offer you certain products, services or promotions.
5. In Connection with Business Transactions. In the event SBE undergoes a business transition, such as a merger with or acquisition by another company, or sale of all or a portion of its assets, we may transfer your personal information and other information to the successor organization in connection with such transaction, including during the course of any due diligence.  By providing your personal information, you agree that we may transfer such information to the other entity in such a transaction without your further consent.  If material changes to the Services’ privacy practices will occur as a result of the business transition, SBE or its successor will attempt to notify you, including by posting a notice on the Services.  
6. For Administrative and Legal Reasons.  We reserve the right to use or disclose any information as needed to satisfy any law, regulation, or legal request; to protect the integrity of the Services; to fulfill your requests; to cooperate in a law enforcement investigation, an investigation on a public safety matter, or an investigation into claims of intellectual property infringement; to protect and defend the legal rights and/or property of SBE and any of our affiliates, our and their shareholders, the Services, any users of the Services, or any other person; or, in an emergency, to protect the health and safety of users or the general public.

4. Third Party Advertising and Analytics 

SBE works with third party business partners such as online advertising companies, analytics providers, and other partners to serve our ads online, and to provide us with information regarding the use of the Services and the effectiveness of our advertisements.  We allow these companies to place tracking technologies like cookies and web tags on the Services, and they may otherwise collect or have access to Usage Information and other information about you.  Some of these parties may collect personal information over time when you interact with the Services or other online websites and services.  We may share information, typically information that has been aggregated or de-identified, Usage Information, and location information with third party advertising companies, analytics providers, and other third parties including for targeted advertising purposes.  

We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about the use of the Services and report on activities and trends.  This service may also collect information about the use of other websites, apps, and online services.  You can learn about Google’s practices by going to https://policies.google.com/technologies/partner-sites, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. 

We use a variety of third parties to perform advertising and analytics services, and some of these companies may be members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”).  You may wish to visit optout.networkadvertising.org, which provides information regarding targeted advertising and the opt-out procedures of NAI members, including opt out mechanisms for web browsers, mobile and other connected devices, and a tool to opt out from participating NAI members using your hashed email address for interest-based advertising. You may also want to visit optout.aboutads.info, which provides information regarding targeted advertising and offers an opt-out for DAA-participating companies.  

Please note that opting out through these mechanisms does not opt you out of being served advertising, and that you will continue to receive generic ads while online.  

If you are a California resident, please see our NOTICE TO CALIFORNIA RESIDENTS.

5. How We Respond to “Do Not Track” Signals

Do Not Track (“DNT”) signals offered by some web browsers are settings that request that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and/or other web services you encounter while browsing to stop tracking your activity. There is no consensus among industry participants as to what “Do Not Track” means in this context.  Like many websites and online services, we may not alter our practices when our systems receive a “Do Not Track” signal from a visitor’s browser, except as specifically required by law. You can learn more about Do Not Track at www.allaboutdnt.com.

6. Third Party Content and Links

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including, but not limited to, any third party websites, services and applications (and the information or content contained therein) (“Third Party Services”) that may be linked to or from the Services and/or that you elect to access through the Services. When you navigate away from our Services to another site, this Privacy Policy is no longer in effect. Those Third Party Services may use their own cookies or other tracking technologies, may independently collect information from you or about you, and match your data with data from other sources and use your data in ways other than described in this Privacy Policy. Your browsing and interaction on any Third Party Services is subject to such Third Party Services’ own rules and policies, which we encourage you to review prior to providing them with your information.

7. Your Choices About the Information We Collect

You may opt out of marketing communications as set forth below. 

1. Email; SMS and MMS.  You may unsubscribe from any marketing email we may send you through the opt-out mechanism included in each such email, or you can communicate your preferences to us by emailing us at customerservice@sbe.com.  We reserve the right to send you certain communications relating to your use of the Services, service announcements, notices of changes to this Privacy Policy or other terms, or similar administrative or transactional messages, and such messages will be unaffected by any choice to opt out of marketing communications. With respect to any SMS/MMS messaging service we may implement, you may text the keyword “STOP” to the number from which you receive messages to opt-out of the messaging service at any time, and exercise other choices as described via such messaging service.
2. Other Privacy Rights.  If you are a resident of specific states, you may have additional rights.  Residents of the below listed regions should refer to the linked notices for more information on additional rights and how to exercise them: 

Notice to California Residents
Notice to Nevada Residents

8. Security of Your Information

We implement commercially reasonable security measures to protect the security of your information. However, no website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe.

9. General Audience Services

The Services are not intended for children younger than the age of 18.  We do not knowingly collect or solicit personal information from children younger than the age of 18.  

10. Changes to this Privacy Policy

To the extent allowed by applicable law, we reserve the right to change this Privacy Policy at any time.  We will inform you by posting a notice on the Services.  We may also provide notice to you in other ways, such as through contact information you have provided.  Your continued use of the Services after the effective date of the revised Privacy Policy will constitute your consent to those changes to the fullest extent allowed by applicable law.  However, we will provide notice and obtain your consent (opt-in or opt-out) if required.  Note that you may no longer be able to use certain or any features of the Services if you do not consent to the revised Privacy Policy.       

10. Consent to International Transfer of Your Information

We are a US-based company so if you are located outside of the United States, please be aware that the information that we collect from you will be transferred to, and stored at, a destination outside of your country. By using our Services or providing us with any information, you fully understand and unambiguously consent to this transfer to, and processing, usage, sharing, and storage of your information in the United States and other jurisdictions, which may have different or less protective privacy laws than those in your country.  As a result, this information may be subject to access requests from governments, courts, or law enforcement in the United States and other countries according to the laws in those jurisdictions.  Your information will also be disclosed to third parties as described in the “How We Share Your Information” section above.

12. Contact Us

If you have any questions, comments, or concerns regarding our Privacy Policy and/or practices, please send an email to: privacy@sbe.com. You may also contact us at SBE Restaurant Group, LLC, Attn: Legal 101 North 10th Street, Studio 204 Brooklyn, NY 11249.

13. Notice to Nevada Residents

Nevada S.B. 220 provides consumers with the ability to opt out of the sale of their personal information. We do not sell your personal information as defined in S.B. 220. However, you may still submit an opt-out request, and if our practices were to change in the future, we would honor your request.  If you are a Nevada resident and would like to opt out of the sale of your covered information, your request must be submitted to privacy@sbe.com. Your request must include your full name, street address, city, state, zip code, and a valid email address so that we can contact you if needed regarding your request.  If you previously provided a phone number, including it will assist us in making sure we identify you as someone who wants to opt out.  You may be required to take reasonable steps as we determine from time to time to verify your identity and/or the authenticity of your request.

14. Notice to California Residents 

California’s “Shine the Light” law (Civil Code Section 1798.83, also known as S.B. 27) allows California residents to request from companies conducting business in California certain information relating to third parties to which the company has disclosed certain categories of personal information during the preceding year for the third parties’ direct marketing purposes.  Alternatively, the law provides that a company may comply, as SBE does, by disclosing in its privacy policy that it provides consumers choice (opt in or opt out) regarding sharing personal information with third parties for those third parties’ direct marking purposes, and information on how to exercise that choice.  As stated in this Privacy Policy, SBE provides you choice prior to sharing your personal information with third parties for their direct marketing purposes.  If you do not opt-in or if you opt-out at the time we offer that choice, we do not share your information with that identified third party for its direct marketing purposes.If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please write to us at privacy@sbe.com or SBE Restaurant Group, LLC, Attn: Legal 101 North 10th Street, Studio 204 Brooklyn, NY 11249. You must put the statement “Your California Privacy Rights” in your writing. You must include your name, street address, city, state, and zip code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.